Chhattisgarh High Court
Civil Procedure and EvidenceCivil Law

A first appeal does not lie against a consequential order implementing plaint rejection in revision.

MS. STARTUP ENGINEERS, vs BANK OF BARODA

Chhattisgarh High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
A first appeal does not lie against a consequential order implementing plaint rejection in revision.. MS. STARTUP ENGINEERS, vs BANK OF BARODA. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appellants challenged the First District Judge, Bilaspur’s order dated 22 April 2026 dismissing their civil suit under Order VII Rule 11(d) CPC.

Source reference: para. 1

The dismissal followed a High Court order in Civil Revision No. 315 of 2025, which set aside the trial court’s earlier refusal to reject the plaint and directed that the plaint stood rejected as barred by law.

Source reference: paras. 2, 5–6

The appellants’ review application against the revision order was also dismissed.

Source reference: para. 8

They then filed this first appeal against the trial court’s consequential order.

Source reference: no citation
02

Issues

Whether a first appeal was maintainable against the trial court’s order dismissing the suit when that order merely implemented the High Court’s earlier order in civil revision.

Source reference: paras. 2–3, 7–9
03

Law Applied

An order rejecting a plaint under Order VII Rule 11(d) CPC amounts to a decree and is ordinarily appealable under the CPC.

Source reference: para. 5

However, where the substantive order rejecting the plaint was made by the High Court in civil revision, and the trial court’s later order merely gives effect to that decision, the challenge must be directed against the High Court’s substantive order; an appeal against the consequential trial court order is not maintainable.

Source reference: paras. 6–9

No precedent was cited.

Source reference: no citation
04

Reasoning

The Court accepted that rejection of a plaint under Order VII Rule 11(d) CPC ordinarily permits an appeal.

Source reference: para. 5

But the operative rejection in this case was contained in the High Court’s civil-revision order, which expressly stated that the plaint stood rejected as barred by law.

Source reference: para. 6

The trial court’s order was only consequential, so the appellants’ grievance lay against the revision order, not the later trial court order.

Source reference: paras. 7–9

The dismissal of the review application did not alter the character of the order under challenge.

Source reference: para. 8
05

Holding

The Court held that the first appeal was not maintainable because it challenged only the consequential trial court order, rather than the substantive order passed in civil revision.

The appeal was dismissed, with no order as to costs.

Source reference: para. 10
Chhattisgarh High Court

Original Court PDF

MS. STARTUP ENGINEERS,vsBANK OF BARODA

Chhattisgarh High Court · October 07, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment